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The Relevance of Arbitration in Divorce Proceedings

Whether you’ve been married for a few years or a few decades, divorce is never easy. It takes a toll financially and emotionally on everyone involved. Especially in the beginning, it can be difficult to face divorce on your own. With the help of the best family divorce attorney in San Antonio, Texas, the proceedings are much easier to understand. Take arbitration, for example. With the assistance of your experienced attorney, you’ll know exactly what to expect.

What Is Arbitration?

Arbitration is a legal term used to describe one of the resolution processes of divorce. While not always necessary, it’s often recommended as a way to resolve disputes between spouses. Oftentimes, both parties wish to avoid taking their divorce to court. When stalemates or impasses occur in the proceedings, arbitration is an option. Arbitration is a type of divorce trial. Instead of both parties taking their case before a judge though, they are given the chance to settle things behind closed doors and with an arbitrator. 

An arbitrator is an unbiased third party who listens and reviews the facts of the divorce case. Before arbitration can occur, both parties and their attorneys must agree on the arbitrator who will handle the divorce. It’s often in the couple’s best interest to choose an arbitrator with experience in a specific field. If there is real estate involved, they may choose an arbitrator with experience in real estate value and property tax or management. The couple also has the opportunity to define the role the arbitrator will play in the process. For example, a specific amount of time may be given for the arbitrator to reach a decision. Once an arbitration decision has been made, it can’t be appealed.

Benefits Of Arbitration

There are many reasons for couples to choose to engage in arbitration when divorcing. Not only is it possible to select the arbitrator who will oversee the process, but it’s also much easier to schedule the time and date of the hearing. When taken to court, divorce proceedings are subject to the schedule of the judge. With an arbitrator, the couple dictates a location and time that best suits them. It’s the best way to maintain confidentiality and resolve issues in a less formal setting.

Is Arbitration Different Than Mediation?

Arbitration may sound similar to mediation. While both allow couples to resolve their issues behind a closed door with the help of a third party, they are different. A mediator acts as a guide throughout the resolution process while an arbitrator acts more as a decision maker. A mediator can’t make any legally binding decisions while an arbitrator’s rulings are final. 

If you’re unsure how to handle your divorce, it’s time to hire a professional. With the help of the best divorce lawyer in San Antonio, Texas, you’ll understand the process in front of you and whether or not arbitration will be helpful.

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